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Terms And Conditions

M3 (EU) Limited, trading as M3 Global Research ("M3 Global Research"), will do business with our clients under these terms and conditions. We are not bound by conditions printed or appearing on market research order confirmation forms/insertion orders (IOs) or instructions by clients which we have not authorised in writing. Sample Delivery Process: M3 Global Research will direct appropriate potential survey healthcare professionals (each individually a "potential respondent" and together the "potential respondent" or "sample") to surveys programmed and hosted on the client's computer systems and servers or on the computer systems and servers maintained by others but under the client's control, (the "sample services"). M3 Global Research's obligation to direct sample to client surveys is subject to M3 Global Research's determination that it has sufficiently appropriate sample and that it can meet the delivery level and other terms established by the client. A "complete" is the name used in the following to refer to a survey in which all questions have been answered, regardless of the answers given, and in which the respondent has not been screened out in the preliminary stages. The following conditions shall apply during the conducting of any survey using M3 Global Research services:

M3 Global Research's Commitment to Service

Upon M3 Global Research receiving a signed market research order confirmation form/insertion order (IO), M3 Global Research will use all reasonable means available to secure the pre-agreed sample size using the methodology described above. In the unlikely event of M3 Global Research being unable to provide sufficient questionnaire healthcare professionals, the client will be charged for only the number of interviews actually completed. M3 Global Research does not accept any liability in the event of the recruitment of insufficient participants.

Survey Quality

Prior to the delivery of any potential healthcare professionals, M3 Global Research has the right to review and approve each survey for which it will supply a sample, although M3 Global Research takes no responsibility for the legality, quality, and/or contents of the survey. M3 Global Research reserves the right to reject any survey on the grounds that it is too long or complex; contains profane, obscene, hateful, discriminatory, or otherwise objectionable material; or violates M3 Global Research's privacy policy; or otherwise fails to meet the guidelines, rules, or regulations published by M3 Global Research periodically on its Web site. Surveys may be undertaken only for market research purposes.

compensation Program

M3 Global Research alone will determine the size, nature, and means of payment of all survey compensation.

Panelist Qualification

At the start of each project, the client and M3 Global Research will determine the exact profile of the healthcare professionals eligible for participation in a survey. When M3 Global Research directs potential healthcare professionals to a client's surveys, it will mask their e-mail addresses and provide unique respondent identification numbers instead. Pre-screening surveys conducted by the client will qualify each potential respondent within the first five (5) questions. If a healthcare professional's profile is inappropriate, and s/he is screened out, s/he will be immediately routed back to a URL designated by M3 Global Research. All healthcare professionals who complete the client survey must, at the conclusion of the survey, be routed back to a URL designated by M3 Global Research.

Computer Capability

The client shall disclose the technical and performance specifications of its software and computer systems (including the software and computer systems of others involved in conducting the surveys) so that M3 Global Research may determine their capacity and capability. The client will maintain "up time" of its systems ninety-nine percent (99%) of all times when M3 Global Research is directing potential healthcare professionals to the client. M3 Global Research reserves the right to limit the number of potential healthcare professionals sent to the client based on an assessment of the capacity of the client's software and computer systems. If the client experiences any "down time" or technical difficulties that result in its systems not being able to accept potential healthcare professionals, collect data, allow potential healthcare professionals to complete surveys, or in any other way prevent potential healthcare professionals from accessing and completing surveys, it shall notify M3 Global Research immediately so that M3 Global Research may cease directing sample to the client. In any case in which the client fails to notify M3 Global Research of any technical difficulty within fifteen (15) minutes of its occurrence, the client will be liable for the cost of sample for the entire duration of the technical difficulty as if eighty percent (80%) of the potential healthcare professionals who visited the client's site for the duration of the technical difficulty had completed and qualified for the survey to which they were directed. If the assumed incidence of potential healthcare professionals for any survey affected by a technical difficulty is greater than eighty percent (80%), then M3 Global Research will charge the client for samples delivered at the higher percentage.

Change Fee

The final survey will be provided to M3 Global Research electronically in Microsoft Word or compatible format prior to the start of programming. Any cosmetic or text changes that exceed 15% of the survey after programming has commenced will be subject to an additional charge based on the amount of time required to implement these changes at £100 per hour.

Cancellation Fee

There will be a £650 cancellation fee if a sample selection has been executed and/or a URL has been checked and the sample deployment is delayed for ten (10) working days or cancelled entirely by the client; this charge is necessary to cover labour costs and for the restoration of files, which are automatically archived after ten (10) working days.

Minimum fee

M3 Global Research will accept no project valued less than £1,800. If a project's volume is below such a minimum fee, M3 Global Research will charge £1,800 as a minimum fee for the project.

Real-Time Reporting

The client shall maintain a system of "real time reporting" that will allow M3 Global Research staff access to the client's computer systems via the World Wide Web (or such other method as the parties may agree upon) so that, for each of the client's surveys, M3 Global Research can determine: (a) the number of potential healthcare professionals directed to each survey, (b) the number of potential healthcare professionals who have completed each survey, (c) the number of potential healthcare professionals who have taken each survey and whose profiles qualify their responses as acceptable. Should the client's real-time reporting experience any down time or technical difficulties while M3 Global Research is delivering sample to a client survey that results in M3 Global Research being unable to access the information, then M3 Global Research shall have the following options: (a) to discontinue the delivery of potential healthcare professionals to any or all of the client's surveys, or (b) to continue to deliver potential healthcare professionals to the client surveys and charge the client as if eighty percent (80%) of the potential healthcare professionals directed to the client surveys during the duration of the technical difficulty had completed and qualified for the survey to which they were directed. If the assumed incidence of potential healthcare professionals for any survey is greater than eighty percent (80%), then M3 Global Research will charge the client for samples delivered at the higher percentage.

Over-Recruitment

In case of over-recruitment, the client shall pay for only the number of completes originally ordered unless the client is the only party able to stop the survey upon completion of the desired number of completes. Where this is the case, the client shall immediately stop the survey and pay the total number of completes up until the moment of final closure of the survey. Where there is an over-recruitment where the client has the sole power to stop the survey, the client is responsible for full payment of all completes.

Operating Hours

Unless otherwise agreed, M3 Global Research will not start a survey after 6:00 p.m. (local time for the project manager responsible) so as to avoid over-recruitment outside of office hours and to be able to control the survey and to do panel support.

Drop-Outs

A "drop-out" is a participant who is still eligible after the screening questions who does not complete the survey.

If more than ten percent (10%) of eligible participants break off before the end of the survey, it is to be assumed that there either has been a technical problem on the client's side or that the questionnaire is overly complex or incomprehensible.

In the case of a drop-out rate that exceeds ten percent (10%) the client shall pay fifty (50%) of the price of a complete participant for all drop-outs after the first ten percent (10%).

Communication of IDs

The client must communicate all participant IDs and their respective questionnaire completion status (complete, excluded during pre-screening, or incomplete) to M3 Global Research within one week of project closure. If the client fails to communicate the questionnaire completion status within one week, M3 Global Research will pay compensation to all invited healthcare professionals and charge the client accordingly.

Questionnaire Responses

M3 Global Research is not liable for unsuitable responses generated by questions posed by the client. Furthermore, M3 Global Research is not responsible for the appropriateness or usefulness of the data material gathered.

Anonymity

The client will not collect or attempt to collect any personal data from any potential healthcare professional directed to its sites and surveys by M3 Global Research. Personal data is any information which relates to a living individual from which that individual can be directly or indirectly identified and includes any information that would allow the client to identify a potential respondent at any time in the future, including, but not limited to, name, address, and e-mail address. Except as agreed by M3 Global Research in connection with the delivery of compensation payments to healthcare professionals and with respect to "session cookies", the client will not append cookies or other electronic tags to the browser of any potential respondent. The client shall abide by all guidelines for online marketing research as published and periodically amended by AMA, MRA, CASRO, CMOR, BHBIA, EphMRA and ESOMAR.

No Recruitment

The client shall take no action to recruit any potential respondent into any online or offline panel, community, or group; or take any action that would allow the client to contact, or allow any other party to contact, any potential respondent; or recruit him/her for any other market research activities at any time in the future. Should any such action be taken, a charge shall be levied equal either to five (5) times the price per participant for the project or £6,500, whichever is higher.

Help Requests

All help requests initiated by potential healthcare professionals must be directed to the appropriate survey support e-mail address at M3 Global Research (the correct e-mail address will be communicated at the start of the project). M3 Global Research will give the client prompt notice of the help requests, along with the nature of the service issues. The client will designate a help resource to work with M3 Global Research staff to address the service issues raised by these help requests. The client will work diligently to address all help requests, and M3 Global Research reserves the right to stop delivering potential healthcare professionals to any and/or all of the client's surveys until the issues that gave rise to the help requests have been resolved to M3 Global Research's satisfaction.

Privacy Policy

Whilst receiving services from M3 Global under these terms, the client shall develop and maintain a clear and comprehensive privacy policy and comply with its terms and otherwise comply with all applicable laws in relation to data protection and privacy in the United Kingdom from time to time.

Research Briefing

All information provided to M3 Global Research by the client, either during the research briefing or during the research process, is strictly confidential, and M3 Global Research is obliged to preserve the secrecy of the information. This obligation to preserve the secrecy of the information also applies in the event that M3 Global Research has received information from the client without subsequently being issued with an assignment.

Confidentiality

Each of the parties agrees not to disclose confidential information of which it may be aware except to its employees and officers whose responsibilities are closely linked to the performance of the agreement and to whom such information is absolutely necessary in connection with the performance of their employment agreement.

Each of the parties agrees that none of its officers, employees, and/or any representatives shall disclose, for any reason whatsoever, the confidential information to the public. This clause shall survive expiry or termination of this agreement.

Research Proposals and Quotations

All research proposals and quotations submitted by M3 Global Research are free of obligation. A project assignment shall be considered as having been accepted and a contractually binding agreement formed once the client returns the signed market research order confirmation form/insertion order (IO) included with this document, or once research activities have commenced by M3 Global Research with the client's knowledge after an agreement has been reached. References in these terms to "this agreement" will refer to the signed IO and these terms.

Liability

M3 Global Research will use reasonable skill and care in the provision of the services under these terms.

Nothing in these terms will:

limit or exclude the liability of a party for death or personal injury resulting from negligence;

limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party;

limit or exclude any liability of a party in any way that is not permitted under applicable law.

M3 will not be liable:

in respect of any loss of profits, income, revenue, use, production or anticipated savings;

for any loss of business, contracts or commercial opportunities;

for any loss of or damage to goodwill or reputation;

in respect of any loss or corruption of any data, database or software;

in respect of any special, indirect or consequential loss or damage.

Neither party will be liable for any losses arising out of a Force Majeure Event. "Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of or problems with the internet or a part of the internet, hacker attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars).

M3's aggregate liability under these terms will not exceed the total amount paid by or (if greater) payable by the client (as set out in M3 Global Research's quote) for the project in question.

All of the parties' liabilities and obligations in respect of the subject matter of the services are expressly set out in the terms of the agreement. To the maximum extent permitted by applicable law, no other terms concerning the subject matter of the agreement will be implied into the agreement.

Any claims by the client are to be made within two (2) weeks from the date on which the damage was discovered but no later than one (1) month after the end of field time. By failing to bring forward a claim within the above period, the client forfeits the right to compensation.

The client is responsible for ensuring that the content of the survey and any use made of the survey is compliant with all applicable law in the United Kingdom and of the countries in which the survey is carried out. In particular, surveys may not contain the following: Any libellous or threatening content, or any which glorifies violence; any obscene, discriminatory, or pornographic content; software or pictures of other materials that infringe upon the rights of a trademark or copyright-holding third party; computer viruses or other programs that damage or interfere with the operation of other people's computers; chain letters, publicity, or any material aimed at promoting sales and questions concerning illegal products, substances, or acts, or violations of fair trade rules.

The client agrees to indemnify M3 Global Research from any third-party claims that arise from any act or omission taken by the client in breach of these terms. The client agrees to compensate M3 Global Research for all damages and reasonable expenses caused to M3 Global Research by a third party due to such claims.

In-House/Office Usage Testing

In-house/office usage testing is taken to mean a survey for which a product is sent to healthcare professionals at their home/office address for a product testing on which their subsequent survey responses will be based.

The client accepts unlimited responsibility for the products sent out by either party. The client ensures that each product sent out is compliant with all applicable law in the United Kingdom and of the countries in which the survey is carried out and to which the products are sent. The client ensures furthermore that the product is not harmful to the healthcare professionals in any other way.

M3 Global Research reserves the right to refuse an in-house/office usage test for reasons of safety, legality, or other reasonable considerations that M3 Global Research becomes aware of after beginning a survey.

The client agrees to indemnify M3 Global Research from all possible third-party claims that arise from an in-house/office usage testing that breaches these terms. The client agrees to compensate M3 Global Research for all damages and reasonable expenses caused to M3 Global Research by a third party due to such claims.

Delivery Dates and Planning

Agreed delivery dates for M3 Global Research shall not be binding in the event of a delay caused by unforeseen circumstances that involve interim changes in the assignment or factors beyond M3 Global Research's control that may affect the fieldwork or the technical completion of the fieldwork. In the event that M3 Global Research anticipates a delay, M3 Global Research shall notify the client to this effect immediately.

Conditions of Payment

Market research projects valued at a total cost of £3,500 or less must be paid in advance of a project's commencement.

For all projects greater than £3,500, the client will pay the charges to M3 Global Research within 30 days of the date of issue of invoice.

All charges stated in or in relation to the agreement are stated exclusive of VAT, unless the context requires otherwise.

If the client does not pay any amount properly due to M3 Global Research under or in connection with the agreement, M3 Global Research may:

With not less than seven (7) days prior notice to the client, suspend the provision of any or all of survey services; and

charge the client interest on the overdue amount at the rate of 5% per year above the base rate of Barclays Bank Plc from time to time (which interest will accrue daily until the date of actual payment, be compounded quarterly, and be payable on demand)

M3 Global Research shall be entitled to charge the client for any expenses reasonably incurred by M3 Globalâ€™s personnel in connection with the services including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, provided that such expenses have been approved by the client (such approval not to be unreasonably withheld, conditioned or delayed).

General

Any deviation from these terms and conditions will only be valid and enforceable if agreed in writing by M3 Global Research and only applies to the assignment to which it explicitly refers. Any general terms and conditions by the client shall not apply unless the parties have agreed in writing that (parts of) said terms and conditions are applicable in addition to these general terms and conditions.

The client may not, without the prior written consent of M3 Global Research, assign, transfer, charge, license or otherwise dispose of or deal in the agreement or any rights or obligations under the agreement.

The agreement is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party.

The agreement constitutes the entire agreement and understanding of the parties in relation to the subject matter of the agreement, and supersedes all previous agreements, arrangements and understandings between the parties relating to the subject matter of the agreement. Subject to Clause 22.2, each party acknowledges that no representations or promises not expressly contained in the agreement have been made by or on behalf of the other party.

Governing law and Jurisdiction

The agreement will be governed by and construed in accordance with the laws of England and Wales and the courts of England will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with the agreement.

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